Monday, December 23, 2019

Pros And Cons Of Cloning - 1109 Words

What is Cloning? Cloning is a number of processes that are used to create genetically identical copies of an organism. Researchers have cloned a number of biological materials, such as genes, cells, tissues and whole organisms, including sheep s and horses. Cloning can happen naturally in identical twins, but it can also be done in a lab. (Cloning Fact Sheet). Pros: . Parents with no eggs and sperm can create children that are genetically related to them. . Endangered plants and animals can be cloned to save the species. . Cloning could prove helpful in the research of genetics. Using cloning technologies, genetic researchers would have a better understanding of genes. Researchers could gain the ability to alter genetics in order to†¦show more content†¦The first examples of cloning were done over 130 years ago. The first example of cloning was done in 1885 by a German biologist named Hans Adolf Edward Driesch. Dreisch showed that by shaking two-celled sea urchin embryos, it was possible to separate the cells. Once separated, each cell grew into a complete sea urchin. This experiment showed that each cell in the early embryo has its own complete set of genetic instructions and can grow into a full organism. (The History Of Cloning) The most notable example of early cloning came from a German embryologist named Hans Spemann. Spemann s name will always be remembered, because of his work on experimental embryology. He mastered in micro-surgical techniques, and, working on the relatively large eggs of amphibians he discovered in 1924, working with Hilde Mangold. They discovered the existence of an area in the embryo, the portions of which, upon transplantation into an indifferent part of a second embryo. The name was therefore given by him to those parts. (Hans Spemann - Biographical) Because of his research and discoveries, Spemann was awarded the Nobel Prize in 1935. (Hans Spemann - Biographical) The first Mammal to be cloned was Dolly the sheep. That’s when cloning really started to take off. Dolly lived from 5 July 1996 to 14 February 2003. Since the cloning of Dolly just over 20 years ago, 22 other species of animals have been cloned since. (Cloning Dolly TheShow MoreRelatedCloning Pros And Cons Of Cloning1147 Words   |  5 Pages Cloning Pros Cons Nicole Hedrick Baker College HSC 402A /Dr. Eric Oestmann/Seminar Two Position/Argument Essayâ€Æ' Abstract A clone is where two organisms share the same exact DNA. These two organisms are the same identical replica of each other. In the past, cloning has taken place naturally. For instance, a couple who naturally conceived and gave birth to identical twins or triplets. Today, science and technology has been introduced to where cloning can intentionally be done. Some peopleRead MorePros And Cons Of Cloning1106 Words   |  5 PagesCloning is a number of processes that are used to create genetically identical copies of an organism. Researchers have cloned a number of biological materials, such as genes, cells, tissues and whole organisms, including sheep s and horses. Cloning can happen naturally in identical twins, but it can also be done in a lab. (Cloning Fact Sheet). Pros: . Parents with no eggs and sperm can create children that are genetically related to them. . Endangered plants and animals can be cloned to saveRead MoreThe Pros And Cons Of Human Cloning1532 Words   |  7 Pagesindividual’s perspectives, human cloning is something that I feel is unjust. Human cloning is fallacious and immoral due to lack of positive results and lack of liberty to the individual being duplicated. In this paper, I will discuss why human cloning should no longer be considered a means of reproducing and also discuss why the numbers themselves should deter someone from wanting to be cloned. As Leon R. Kass states in his article, â€Å"Cloning of human beings†, the cloning of a human being takes away fromRead MorePros And Cons Of Cloning909 Words   |  4 PagesFor quite some time, cloning has been a largely debated topic in society. Most people in the U.S. feel like cloning is morally wrong and takes innocent lives, but others think that it is beneficial and could be a big advancement in modern science. Cloning to produce humans has been outl awed in most countries, but in some, cloning for therapeutic reasons is still a dispute. Cloning can lead to revolutionary medical treatments such as cures for cancer, diabetes, Parkinsons, Alzheimers, MultipleRead MoreThe List Of Pros And Cons Of Human Cloning1624 Words   |  7 PagesThe list of Pros and cons of human cloning Summary: The necessary technology has been created, as evident in the story of Dolly the sheep. People still pose questions such as the role of God in Society. Here is a list of pros of human cloning : It could eliminate defective genes , It is considered as the logical next step in the reproductive technology, It could aid in faster recoveries from injuries, it gives a new meaning to genetic modification. As all things human cloning also has cons. Here isRead MoreThe Benefits Of Human Cloning : Pros And Cons1254 Words   |  6 PagesFor starters, cloning has said to solve the continuous problem of infertility by inserting a clone embryo into the woman’s body. This guarantees infertile couples a child, as opposed to wasting time and money on other painful and emotional procedures that don’t offer this guarantee. The next benefit offers an immense amount of growth in regenerative medicine and assists those with physical disabilities by producing clones of themselves. Wh y clone themselves if they have a disability? Scientists canRead MorePros and Cons of Cloning Humans906 Words   |  4 Pagesthe world on 23 February 1997.Soon after the announcement, the media attention was diverted by the possibility of cloning a human. Although the scientists from the Roslin Institute who had made the significant breakthrough with Dolly denied the possibility of creating human clones, the idea was still wide debated about the risks and benefits of human cloning. So, what is cloning? Cloning is a process of generating a new organism by an identical genetic copy of the original donor. The DNA of the twoRead MorePros And Cons Of Animal Cloning1277 Words   |  6 PagesAnimal Cloning Applications and Morality Concerns One fateful afternoon, a father discovers that their beloved pet kitten is deceased on the side of the roadway. The parents are worried about telling their children the sad news because they will be devastated. Luckily, the parents reach out to a company that offers animal cloning. With just a sample of the kitten’s DNA, they can produce an exact match and an identical copy that will soon replace their lost family pet. While this story demonstratesRead MoreCons And Pros Of Cloning Essay1988 Words   |  8 Pagesmost people think of cloning, they think of a scientist that uses DNA to make an exact replica of someone . Cloning is a lot more complicated and more controversial than that . According to the American Heritage Dictionary Cloning is defined as â€Å"A group of cells, or organism that is descended from and genetically identical to a common ancestor , such as a bacterial colony whose members arose from a single original cell . Ever since August,1,2001 Cloning had been banned .Cloning was banned for manyRead MoreCloning, Pros and Cons Essay2998 Words   |  12 Pagestwo children and their families are coping with waiting on transplants, as they continue to get worse. They may be waiting a year or longer. Is there another way to speed up the waiting process? Cloning as a Possibility? These situations and many others have brought up the topic of cloning. Cloning refers to any process that results in the creation of an identical or almost identical genetic copy of a molecule, cell, or individual plant, animal, or human (Wilson, 2002). Recently, it is being

Sunday, December 15, 2019

Winding Up of a Company Free Essays

string(88) " entitled to do all such things and acts, as he thinks best in the interest of company\." Winding up of Company Section 425 of the Companies Act, 1956, deals with the winding up of companies. Winding up of company is a legal procedure to dissolve the company and put an end to its life. The company ceases to be a ‘going concern’. We will write a custom essay sample on Winding Up of a Company or any similar topic only for you Order Now The term winding up is defined as, ‘the process  by which the life of a company is ended and its property is administered for the benefit of its members and creditors. ’ During the  process  of winding up, the assets of the company are sold and all the debts of the company are paid off.An administrator, called the  liquidator, is appointed to take control of the winding up  process  of the company. If any surplus is left, the  liquidator  would distribute it among the owners of the company in accordance to their rights. In case the assets are insufficient, the owners may have to compensate if the agreement so specifies. Any company does its business  under the regulations set by the Act. It needs to follow the provisions of the act and work in accordance to the memorandum and articles set to govern the company’s activities. It has to consider the interests of its owners, creditors as well as the public.If the company trespasses any of the provisions of the act, it may lead to winding up of the company. A company may have to face winding up proceedings on many  accounts. The company could be wound-up either by a tribunal (through court) or voluntarily by the members of the company. A sick or potentially sick company can file a petition for voluntary winding up of company. The company must seek clearance for closure from the government. A company referred to the Board of Financial and Industrial Reconstruction can be wound-up after the order is passed by the board.Once the amount of settlement (assets minus liabilities) is determined, the permission of RBI is taken to make the final settlement to the owners of the company. Compulsory winding up of a company may arise owing to many issues. Winding up application  can be filed against the company on the grounds of unlawful activities, or inability to pay the debts, or reports are not filed as provided or not followed memorandum and articles etc. It is greatly affected by the circumstances and facts of the case. However, in the view of public, winding up of company is seen as the company being financially not good.So, the company must try to avoid the situations which lead to a wrong impression on the minds of the public. After the entire affair is completed, the company is dissolved and its name is removed from the register of companies. The company’s legal personality comes to an end and it ceases to exist. As per Section 425 of the Act, the modes of winding up are: 1. Winding up by the court. 2. Voluntary winding up, a. Members’ Voluntary winding up. b. Creditors’ Voluntary winding up. 3. Winding up subject to supervision of the court. Winding Up By The Court.Voluntary Winding Up. Winding Up Subject To Supervision Of Court. Winding up of Company Winding up By The Court Who Can Apply To Court, For Winding Up Petition? ( SEC 439) Following persons can apply to the court, for petition for winding up: †¢ The company itself †¢ The creditor †¢ Any Contributory †¢ Registrar †¢ Any person authorised by central government, in case of oppression or mismanagement (397) What Orders, The Court May Pass ? (SEC 443) The court may pass any one of the following orders on hearing the winding up petition. 1. Dismiss it, with or without costs 2.Make any interim order, as it thinks fit, or 3. Pass an order for winding up of the company with or without costs. Stay Order Where, the court has passed a winding up order, it may stay the proceedings of winding up , on an application  filed by official liquidator, or creditor or any contributory. (466) DISSOLUTION OF COMPANY (481) Finally the court will order for dissolution of the company, when : 1. the affairs of the company are completely wound up, or 2. the official liquidator is unable to carry on the winding up procedure for want of funds. inding up of CompanyVoluntary Winding Up A company may , voluntary wind up it’s affairs, if it is unable to carry on it’s business, or if it was formed only for a limited purpose, or if it is unable to meet it’s financial obligation, and etc. A company may voluntary wind up itself, under any of the two modes: †¢ Members voluntarily winding up †¢ Creditors voluntarily winding up A company may voluntarily wind up itself, either by passing : An ordinary res olution, where the purpose for which the company was formed has completed, or the time limit for which the company was formed, has expired. Or By way of special resolution Both types of resolution shall e passed in the general meeting of the company. (484) Once the resolution of voluntarily winding up is passed, then the company may be wound up, either through : †¢ Members voluntarily winding up, or †¢ Creditors voluntarily winding up The only difference between the abate two, is that in case of members voluntarily winding up, Board of Directors  have to make a declaration to the effect, that company has no debts. (488) Winding up of Company Winding Up Subject To Supervision Of Court Winding up subject to supervision of court, is different from â€Å"Winding up by court. † †¢ Here the court only supervise the winding up procedure. Resolution for winding up, is passed by members in the general meeting. It is only for some specific reasons, that court may supervise the winding up proceedings. The court may put up some special terms and conditions also. †¢ However, liberty is granted to creditors, contributories or other to apply to court for some relief. (522) †¢ The court may also appoint liquidators, in addition to already appointed, or remove any such liquidator.The court may also appoint the official liquidator, as a liquidator to fill up the vacancy. †¢ Liquidator is entitled to do all such things and acts, as he thinks best in the interest of company. You read "Winding Up of a Company" in category "Papers" He shall enjoy the same powers, as if the company is being wound-up voluntarily. †¢ The court also may exercise powers to enforce calls made by the liquidators, and such other powers, as if an order has been made for winding up the company altogether by court. ( 526) Unregistered Companies(583) In simple words, an unregistered company, is a company which is not registered or covered under provisions of companies Act. 956 ( 582) An unregistered company, cannot be wound up voluntarily, or, subject to super vision of court. Foreign Companies(584) A foreign company, is a company which is incorporated outside India, and having a place of  business  in India. Winding up of such companies is only limited to the extent of it’s assets in India. In respect of assets and  business  carried outside India, Indian courts has no jurisdiction. Government  Company A Govt. company, means a company, in which 51% or more of, shares are held by a govt. company Other Webpage: Winding up of Company:Winding up of a company is the process whereby its life is ended and its property administered for the benefit of its creditors and members. An administrator called a liquidator, is appointed and he takes control of the company, collects its debts and finally distributes any surplus among the members in accordance with their rights. Kind of Companies can be wound up: Only a limited company can be wound-up. The term â€Å"winding-up† (or â€Å"wound-up†) bears a similar meaning of â€Å"liquidation†. It generally means that all the assets of the company would be realized (sold off and converted to cash) through a legal process in order to repay its debts.Winding-up would bring a company to an end. A limited company is a company that is registered under the Companies Ordinance. It is a separate legal entity (i. e. it can sue or be sued in legal proceedings). The liabilities of shareholders are limited to the value of the company’s shares held by them (limited by shares). Another situation, which is not common in commercial organizations, is that the liabilities of shareholders are limited to the amount in which the shareholders have agreed to contribute to the company’s assets if the company is being wound-up limited by guarantee). An â€Å"unlimited company† or a sole trader is not a â€Å"company† in a strict sense. It is a business operated in the form of a sole proprietorship. In other words, the business is owned by an individual. A sole proprietor is solely and personally responsible for the liability of the business. A partnership is a form of business owned by two or more persons (partners). The partners are personally jointly and severally liable (i. e. every partner should be liable) for the liability of the business. An overview of winding-up procedures:You can get a general picture on the winding-up procedures (except â€Å"voluntary Winding up) from the following steps: Firstly, issuing a written demand for debt repayment to the target company Secondly, presenting a winding-up petition to the Court and the company. Thirdly, Court hearing for the petition. Fourthly, granting of winding-up order by the Court. Fifthly, meeting of creditors and other relevant parties. Sixthly, appointment of liquidator. Seventhly, realization and distribution of company’s assets to the creditors. Eighthly, release of duties for liquidator. Lastly, dissolution of the company.Modes of Winding up of the company: A Company may be wound up in any of the following modes: 1. By the Tribunal i. e. compulsory winding 2. Voluntary winding up, which may be (a) Member’s voluntary winding up; (b) Creditor’s voluntary winding up; Winding up by the Tribunal: o If the company has, by special resolution, resolved that the company may be wound-up by the tribunal; o If default is made in delivering the statutory report to the registrar or in holding the statutory meeting; o If the company does not commence its business within a year from its incorporation, or uspends its business for whole of a year; o If the number of members are reduced then their required number; o If the company is unable to pay its debts; o If the tribunal is of the opinion that it is just and equitable that the company should be wound up; o If the company is in default in filing up with the Registrar its balance sheet and profit and loss account for five consecutive financial years and o If the company has acted against the interests of the sovereignty and integrity of India or security of any state, friendly relation with foreign States, public order, decency and morality.Voluntary Winding Up: In case of voluntary winding up, the entire process is done without Court Supervision. When the winding up is complete, the relevant documents are filed before the Court for obtaining the order of dissolution. A voluntary winding up may be done by the members as it may be done by the creditors. The circumstances in which a company may be wound up voluntarily are: – 1. When the period fixed for the duration of the company in its articles has expired 2. When an event on the happening of which the company is to be dissolved as per its articles happens 3.The company resolves by a special resolution at a general meeting to be voluntarily wound up. A voluntary winding up commences from the date of the passing of the resolution for voluntary winding up. This is so even when after passing a resolution for voluntary winding up, the Court presents a petition for winding up. The effect of the voluntary winding up is that the company ceases to carry on its business except so for as may be required for the beneficial winding up thereof. Persons may petition the Court for winding up: – 1. The Company 2. Any creditor of the Company 3.Any contributory or shareholder. Contributory means every person liable to contribute to the assets of a company in the event of its being wound up and includes holders of its fully paid shares. While every member of a company becomes a contributory, not every contributory is a member. Besides members, any person who ceased to be a member 1 year prior to the commencement of winding up is also a contributory. 4. The Registrar may petition for winding up in the following circumstances: – (i) If default is made in delivering statutory report or holding the statutory report. ii) If the company does not commence its business within one year from its incorporation or suspends its business for a whole year. (iii) If it appears to him either from the financial position of the company as disclosed in the balance sheet of the company or from the report of a special auditor or an inspector that the company is unable to pay its debts. (iv) Where the Registrar is authorized by the Central Government to petition for winding up the company. (v) Where the number of members of the company fall below the statutory minimum. (vi) Where it is just and equitable that the company be wound up. 5.Any person authorized by the Central Government. Under section 243, if any report of an inspector appointed to investigate the affairs of the company discloses: – (i) That the business of the company is being conducted to defraud its creditors or members or for a fraudulent or unlawful purpose (ii) That the persons concerned in the formation or management have been guilty of fraud, misfeasance, and it appears to the Central Government from such report so to do, then the Central Government may authorize any person including the Registrar to petition for winding up the company on the ground that it is just and equitable to do so. . The Official Liquidator attached to a Court where a company is already being voluntarily wound up and such voluntary winding up cannot be continued with due regard to the interests of the creditors or contributors or both.Liquidator can be released from the relevant duties in a winding-up proceedings: The liquidator can apply to the Court for the r elease of the duties once the followings have been accomplished: – all the assets of the company have been realized (i. e. all assets have been sold and converted to cash); – investigations related to the winding-up proceedings are completed; and a final dividend (if any) has been paid to the creditors to settle the debts The liquidator will send notices, together with a summary of the relevant receipts and payments in the liquidation, to the creditors and contributories of the company of the intention to apply to the Court for release from the duties as liquidator. At this point, any creditor or contributory has 21 days from the date of the notice to raise objection to the intended release of the liquidator. After obtaining the order for release from the court, the liquidator will file a â€Å"Certificate of Release of Liquidator† with the Registrar of Companies.The company shall be dissolved two years after the filing of the â€Å"Certificate of Release of Liquidator†. Conclusion: After analyzing, it is found that the right to apply for winding up is the creature of statute and no t of contract. But it should be noted that the winding up proceeding are greatly affected by the facts and circumstances of a particular case. The machinery of winding-up cannot be used as a pressure tactics. It is the stage, where by the company takes its last breath. How to cite Winding Up of a Company, Papers

Saturday, December 7, 2019

Can Debussys Music be accurately described as Impressionist Essay Example For Students

Can Debussys Music be accurately described as Impressionist? Essay Another Symbolist aspect to Debussy is that of his interest in Wagner; the Symbolists were ardent admirers of his music. Debussy first encountered Wagner during his studies at the Paris Conservatoire in 1872. 17 Parallels can be drawn between both composers works, especially in the similarities between Tristan und Isolde (1860) and Pelli as et Mi lisande (1904); bothhave similar thematic material and narrative methods and employ leitmotif liberally. 18 19 While Debussy later rejected Wagners compositional methods, it is clear that the Germans music had a great influence upon his own. 20 Richard Holloway argues that Debussys music is too original to be classed as Wagnerian, but maintains that it could not exist without Wagner. 21 A further influence excluded by the categorisation of Impressionism is that of Exoticism. In 1889 he attended the Exposition Universelle where he discovered East Asian music, namely gamelan, said to be influences upon both Fantaisie (1889-90) and Pour le piano (1901). 22 Debussys love of Japan is clearly demonstrated by Pagodes (Estampes, 1903) and of Spain by Ibi ria (Images, 1905-12), Le si ri nade interrompue (Pri ludes: Livre I, 1910) and La puerta del vino (Pri ludes: Livre II, 1913). In spite of attempts to label Debussys music, which he fought strongly against throughout his life, it is clear that no vague label can be definitively applied to any of his works, let alone as a whole. His attempts to break free of such labels show a clear drive for individualism; whilst he identified with the Impressionists and Symbolists and took inspiration from a wide variety of sources, he was unwilling to be reduced to a mere sum of his influences. 23 The scholarly consensus seems to be that the use of Impressionism (or any -ism) as a descriptive term is a simplification that does little justice to the complexity of Debussys music. The usage of Debussyism by Debussys followers and critics may well have annoyed him, but it demonstrates that his music was distinctive enough to escape from the arbitrary categorisation he so despised. Claude Debussy, Impressionist or otherwise, has left a lasting impression upon the world of music. Word Count: 1996 Bibliography Lockspeiser, Edward, Debussy, 2nd ed (London: Dent, 1963)Lockspeiser, Edward, Debussy: his life and mind (Melbourne: Cassell, 1962), 1 (1862 1902) Palmer, Christopher, Impressionism in Music (London: Hutchinson, 1973) Pool, Phoebe, Impressionism (London: Thames and Hudson, 1967) Roberts, Paul, Images: The Piano Music of Claude Debussy (Portland, Oregon: Amadeus Press, 1996) Roberts, Paul, Claude Debussy (London: Phaidon Press Limited, 2008) Schmitz, E. Robert, The Piano Works of Claude Debussy (New York: Dover, 1966) Tresize, Simone, Debussy: La mer (Cambridge: Cambridge University Press, 1994) Holloway, Robin, Debussy and Wagner (London: Eulenberg Books, 1979). 1 Paul Roberts, Claude Debussy (London: Phaidon Press Limited, 2008), p. 66. 2 E. Robert Schmitz, The Piano Works of Claude Debussy, 2nd edn (New York: Dover Publications, 1966), p. 13. 3 Christopher Palmer, Impressionism in Music (London: Hutchinson, 1973), p. 13. 4 Schmitz, p. 66. 5 Paul Roberts, Images: The Piano Music of Claude Debussy (Portland, Oregon: Amadeus Press, 1996), p. 116. 6 Schmitz, pp. 13-15. 7 Christopher Palmer, Impressionism in Music (London: Hutchinson, 1973), pp. 17-19. 8 Ibid. , p. 18. 9 Simon Tresize, Debussy: La mer (Cambridge: Cambridge University Press, 1994), p.37. 10 Ibid. , pp. 35-37. 11 Schmitz, p. 130. 12. Edward Lockspeiser, Debussy, 2nd ed (London: Dent, 1963), p. 156 13 Schmitz, p. 134. 14 Ibid. , pp. 136-137. 15 Roberts, Images, p. 249. 16 Schmitz, p. 136. 17 Roberts, Claude Debussy, p. 67. 18 Ibid. , p. 44. 19 Ibid. , pp. 106-107. 20 Ibid. pp. 41-42. 21 Robin Holloway, Debussy and Wagner (London: Eulenberg Books, 1979), p. 14. 22 Frani ois Lesure, Debussy, Claude. Oxford Music Online. oxfordmusiconline. com/subscriber/article/grove/music/07353 . 23 Roberts, Images, p. 121.